Fort Walton Beach Council agenda — 10-09-2007 regular agenda — reading text

The Mayor opened the public hearing. There was none. Mr. Garvie moved to adopt Ord. 1745 on second reading. Mr. Reeves seconded motion and it carriedunanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. PUBLIC HEARING-ORD. 1731. AMENDMENT TO lDC. WATERCRAFT DRY STORAGE The City Attorney read the ordinance by title. AN ORDINANCE: OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING VOLUME IV, LAND DEVELOPMENT CODE, CHAPTER 12.457 MUW- 18 MIXED- USE WATERFRONT DISTRICT TO PERMIT BY CONDITIONAL USE MARINAS WITH WATERCRAFT DRY STORAGE FACILITIES; PROVIDING FOR REPEAL OF PRIOR PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. len Mitchell, long- Range Planning Manager, gave the background of the proposed ordinance, informing that the applicants, Premier of Fort Walton, llC, is in the process of redeveloping property in the MUW- 18 District for a marina, and would like to accommodate a marina which includes a watercraft dry storage facility. Mr. Mitchell reported that such facilities are specifically not permitted in that district, and explained that Ord. 1731 would amend the Mixed- Use Waterfront 18 District to allow, rather than disallow, watercraft dry storage facilities as a conditional use in marinas as follows: ( 2) Marinas, and dry storage facilities, including marina offices, retail facilities, watercraft sales and rentals and watercraft repairs, but excluding live- aboards. Mr. Mitchell also discussed Ord. 1732, which provides criteria to be met when considering a development permit for a conditional use for dry storage facilities in a marina in any zoning district. It was noted that Staffs opinion is that they could not support allowing watercraft dry : storage facilities without the criteria specified in Ord. 1732, and that it was common practice for r zoning ordinances to have criteria for certain conditional uses. L the Council received clarification that no site plan is being considered; Ord. 1731 simply adds and Ord. 1732 develops the criteria for dry dry-storage facility into the definition of marinas, storage facilities. The Mayor opened the public hearing.  153 9/ 25/ 07 Regular Council ORD. 1731 ( CO NT) J. E. "Jack" Dorman, Jr. th~ authorized agent for Premier of Fort Walton LLC, Sunrise on the pounds, requested Council' s favorable consideration of both the ordinances. J Brett Heinley, Blue Water Bay, informed he is a marina owner and stated the need to have the availability to do a mixed use to adapt to the public' s needs, and that dry storage abilities should he incorporated with marinas statewide. c J. D.Taylor, Gilmore Court, discussed the vast number of boats on the waterway, and that marinas in that area could be a safety hazard. Pauline Martin, resident of the Casa del Mar Townhomes, wanted Council to keep in mind that what is being made commercial in that particular section is, in her opinion, part of the downtown area. Mr. Dorman clarified that on the site in question adjacent to Mrs. Martin, the applicant has a residential use, not a dry storage requirement. As there was no one else who wished to speak, the public hearing was closed. Mr. Minich moved to adopt Ord. 1731 on first reading. Mr. Holmes seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. PUBLIC HEARING- ORD. 1732, ADDING SEC. 12. 94. 071, CRITERIA The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; ADDING SECTION 12. 94. 071, ENTITLED WATERCRAFT DRY STORAGE FACILITIES CRITERIA, TO CHAPTER 12. 94, CONDITIONAL USE, OF THE LAND DEVELOPMENT CODE; PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. Mr. Mitchell reported the proposed ordinance will add a new Section 12. 94. 071, Watercraft Dry Storage Facilities Criteria, to the criteria for conditional uses, and discussed the criteria that shall apply for that use. Discussion ensued regarding whether there were any restrictions as to how close a storage facility can be to a residential property line. The City Attorney advised that with a conditional use, the conditions, requirements, standards, and criteria are looked at individually for each piece of property and crafted in the conditional use order, and that is the process the MPB goes through when they review applications. She explained that the criteria has to be applied evenly and equally among the entire district, and if a setback of 100 feet were put in the criteria it would apply to every single property in MUW- 18 that may develop a dry storage facility. If the criteria were removed, then the MPB and Staff have the right to discuss and make ita condition of the use itself. She further stated these criteria will' apply to all three districts, the MUW- 12, 18, and 24, and where marinas and dry storage facilities are allowed as a conditional use. The City Attorney explained the criteria had to be general enough so that they would not apply to just this one piece of property; and further requirements and conditions of this development will come through the application' process. The Mayor opened the public hearing. 154 Regular Council 9/ 25/ 07 ORD. 1732 ( CO NT) Mr. Dorman, representing Premier of Fort Walton LLC, advised that the criteria contained in Ord. 1732 has been thoroughly discussed between Premier and the City, and that they have no problems with any of the standards contained for their particular site. Mr. Dorman stated his feeling that the standards will enhance the waterfront for the City, as well as the public access of the citizens to the Sound. As there was no one else to speak, the public hearing was closed. Mr. Minich moved to adopt Ord. 1732 on first reading. Mr. Reeves seconded motion. Mr. Garvie moved to amend the ordinance to add to the conditions the following: The facility shall be located at least 50 feet from any adjacent private property unless a residential use exists on the adjacent property, in which case the facility shall be at least 100 feet from the property line of the property containing the residential use. Mr. Miller seconded motion. Mr. Garvie stated his feeling the amendment gives protection to the property owners and residents on the waterfront from large dry storage facilities. The City Attorney stated her legal opinion that the amendment is arbitrary as criteria is being dealt with that will apply in three zoning districts, and that there was never a survey conducted to see how many properties may have limited use. Clarification was given that what is being considered is a conditional use, and not setbacks for different zoning districts. The Mayor called for the vote on the amendment and it failed by a vote of 2 to 5 with Miller and Garvie in favor and Holmes, Reeves, Pullen, Hartwell, and Minich opposed. The Mayor called for the vote on the motion to adopt Ord. 1732 on first reading and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. RECESS The meeting recessed at 9: 50 p. m. RECONVENE The meeting reconvened at 10:00 p. m. REGULAR AGENDA- FUTURE AGENDA ITEMS The Mayor requested the sexual predator ordinance be scheduled for the November workshop, with the Fee Review and the review of the Code Enforcement Policies and Procedures be discussed at the October workshop. r. Mr. Miller requested review of the Code of Ordinances relating to the Police Officers' Retirement Fund and employer/employee contributions to the Firefighters' Retirement Fund be placed on the agenda as topics of discussion for the December workshop. L j Also discussed was the possibility of adding a second workshop each month, and that Council have training before the workshop regarding pension funds is held.  155 Regular Council 9/ 25/ 07 INSURANCE RENEWALS- PROPERTY, CASUALTY AND WORKERS' COMPENSATION Consideration of a request to authorize the City Manager' to renew insurance policies for property, casualty and workers' compensation coverage for the 2007/ 08 plan year as recommended in the staff report. Mr. Wiltsie advised this is the annual agenda item on the City' s insurance for Property, Casualty and Workers' Compensation, and Mr. Wiltsie was to announce that the pleased s insurance City' program will decrease $ 76, 509 this year, from $ 1, 198, 273 to $ 1, 121, 764. ' Mr. Garvie moved to authorize the City Manager to execute insurance policies with Preferred Government Insurance Trust for property insurance in the amount of $383, 667, for General and Public Officials liability in the amount of $ 106, 624, and for auto liability/ physical damage for $ 60,828; with the Florida League of Cities for workers' compensation in the amount of $502, 685; with Fisher- Brown, Inc. for flood insurance in the amount of $ 36, 904;with the Public Risk Insurance Agency for petroleum environmental liability in the amount of $ 13, 303; with Travelers Insurance Company through Fisher- Brown, Inc. for fiduciary liability in the amount of $14,366; with Hartford Insurance Group for Public Officials Bonds in the amount of $404; and with the American International Company for Statutory Accidental Death and Dismemberment for Police and Firefighters in the amount of $ 2, 983; in the total amount of $ 1, 121, 764. Mr. Minich seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. DESIGN AND ENGINEERING SERVICES TO TETRA TECH Consideration of a request to award RFP 07- 121, Design and